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Gigantic implication of reported #Shahlai operation:

Says this was connected to Saudi war in #Yemen.

What on earth is the legal authority for that?

Not the #2002AUMF for Iraq.
Not the 2001AUMF for September 11.
No authority to use force against Houthis let alone Iran there.
Washington Post:

"The attempted strike on Shahlai also marks a departure for the Pentagon's mission in Yemen, which has sought to avoid direct involvement in fighting between Houthi forces and those backed by the Saudi-led coalition."
Is there a missing War Powers Report for the #Shahlai strike?

Read the Department of Defense's letter to Congress in 2018 which suggests this kind of action would trigger the reporting requirement under the #WarPowersResolution.

cc: @oonahathaway

assets.documentcloud.org/documents/4390…
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Ryan Goodman
@rgoodlaw
<Thread>

CNN @mkraju reports: Senate Republicans say they may not vote for witnesses because Trump will invoke executive privilege and that means drawn out litigation.

SEVERAL things very wrong with that position.

1. Good argument that Chief Justice issuing subpoena is final.
2. On this first argument—the law makes Chief Justice Roberts’ subpoenas when backed by majority of Senators final and not subject to litigation—see this exchange👇with @gtconway3d @joshtpm @AstorAaron
3. Now think of the politics. A precondition for idea that there’d be litigation is a world in which a subpoena has been signed by Chief Justice of United States and backed by bipartisan majority of Senate.

That ain’t a situation the witness or White House could easily resist.
Read 5 tweets
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Ryan Goodman
@rgoodlaw
<thread> Biggest howler of #ImpeachmentTrial Day 2: Sekulow's lie that @jaketapper exposes.👇

But much larger point: The lie shows what Trump did with Sondland. Trump said, "no quid pro quo" but then proceeded to tell Sondland: exchange US aid for Biden!
mediaite.com/a/mutqj
@jaketapper 2. As @carriecordero explains in exchange with Tapper: It's a "word game."

Sekulow says Articles of Impeachment do not allege a "quid pro quo" — even though the Articles clearly specify factual predicate of an exchange of US aid conditioned on announcing Biden investigation.
@jaketapper @carriecordero 3. So remember this throughout the #ImpeachmentTrial

When Sekulow says there was "no quid pro quo."
When Trump says there was "no quid pro quo."

They are literally NOT denying that US aid was conditioned on Ukraine announcing Biden investigation, as specified in the Articles.👇
Read 3 tweets
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Ryan Goodman
@rgoodlaw
<3-part thread>

1. Schiff quotes from this law review article👇(by @jedshug Leib & @andrewkent33) for principle that a President's solemn duty to FAITHFULLY EXECUTE the law means exercise power when in the public interest not his private self-interest.

harvardlawreview.org/wp-content/upl…
2. The Government Accountability Office (GAO), Jan. 16, 2020:

"FAITHFUL EXECUTION OF THE LAW does not permit the President" to have withheld the Ukrainian aid.

justsecurity.org/wp-content/upl…
3. Articles of Impeachment for Nixon and for Clinton👇— about the faithful execution of the law (Abuse of Power).
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